No. 18-7261

Keith Stuart Cumbee v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion appeal appealability appellate-jurisdiction civil-procedure fraud-on-the-court habeas habeas-corpus judicial-discretion jurisdiction merits motion-to-reconsider procedural-error rule-60(b)
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the lower court clearly erred in abusing its discretion by dismissing the appeal as premature/no jurisdiction without addressing the merits of the Rule 60(b) motion alleging attorney dishonesty (fraud-on-the-court), and whether a denial of a Rule 60(b) motion is separately appealable and requires a COA or permission to appeal

Question Presented (from Petition)

QUESTION PRESENTED Since denial of the pre-judgment Rule SO(b) motion in habeas did not address inerits of attorney dishonesty did lower court clearly err abusing discretion, dismissing appeal as premature/no jurisdiction, without addressing merits nor if Rule : 60(b) is limited to federal judgments, whether denial is separately appealable, whether COA or permission to appeal is required and should issue? . i

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2018-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Keith Stuart Cumbee
Keith Stuart Cumbee — Petitioner
Keith Stuart Cumbee — Petitioner